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Collection of papers "Contradictions of the Contemporary Law" Vol II Cover Image

Зборник радова "Противрјечја савременог права" Том II
Collection of papers "Contradictions of the Contemporary Law" Vol II

10th Scientific Conference on the Occasion of the Day of the Faculty of Law. The conference was held on October 30, 2021 in Pale

Contributor(s): Stanka Stjepanović (Editor), Radomir V. Lukić (Editor), Dimitrije Ćeranić (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву

  • Print-ISBN-13: 978-99938-57-66-2
  • Page Count: 614
  • Publication Year: 2022
  • Language: English, Bulgarian, Russian, Serbian
Противречна и погрешна законска решења у поступку у парницама о споровима мале вредности

Противречна и погрешна законска решења у поступку у парницама о споровима мале вредности
(Contradictory and Wrong Legal Decisions in the Procedure in Low-value Dispute Litigations)

  • Author(s):Gordan Stanković
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:1-18
  • No. of Pages:18
  • Keywords:Civil procedure; Procedure in low-value dispute litigations; The value of a dispute subject matter;
  • Summary/Abstract:The manner in which the special civil procedure for resolving low-value disputes in the Republic of Serbia is regulated in the Law of Civil Proceedings (2011), unlike the legal solutions from the Law of Civil Proceedings (2004), did not give the expected results in practice due to the wrong acting of the legislator, especially in terms of efficiency, economy and the realization of the principles of a trial in due time. The situation was further aggravated by the particularly high census regarding the value of the dispute subject matter, and also by the incorrect and inconsistent applications of the rules of this special litigation procedure in court practice. The parties have also contributed to the inefficiency and economy of the procedure in these litigations to a certain extent by their procedural behavior. Given that the Law of Civil Proceedings (2011) appeared in a wave of transitional legal reforms characterize by a real legislative stampede, it is necessary to correct the wrong legal-political and legal-technical solutions. In order to eliminate the observed normative shortcomings of the special legal procedure in low-value disputes, during the work on the amendments to the Law on Civil Proceedings in 2021, certain changes in the procedure were proposed that should eliminate the shortcomings in the legal text and enable this procedure to be efficient and economical.
Имплементација правила о накнади штете према Грађанскоправној конвенцији о корупцији

Имплементација правила о накнади штете према Грађанскоправној конвенцији о корупцији
(Implementation of Rules for Awarding Damages Pursuant to Civil Law Convention on Corruption)

  • Author(s):Branko Morait
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Corruption - Transparency - Anti-Corruption
  • Page Range:19-46
  • No. of Pages:28
  • Keywords:Damage; Causation; Guilt; Acts of corruption; Convention;
  • Summary/Abstract:The Law on Obligations contains a general norm that prohibits causing harm to another. Nevertheless, in the past as well as nowadays, the range of causes of damage is expanding, and consequently, special regulations have to be adopted. This raises dilemmas about choosing adequate grounds for liability on a case by case basis. One of the new cases is the occurrence of damage from corruption and corrupt practices. This phenomenon is traditionally associated with crime and criminal responsibility, but has now become the subject of interest of civil law theory and practice. The ratified Civil Law Convention on Corruption has created an obligation to implement it to domestic legislation. This article is dedicated to the expected implementation going on and off the right path.
Лица одговорна за штету насталу дјетету употребом мобилног телефона

Лица одговорна за штету насталу дјетету употребом мобилног телефона
(Individual Liability for Health Damage to Children Caused by Mobile Phone Use)

  • Author(s):Stanka Stjepanović
  • Language:Serbian
  • Subject(s):Education, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
  • Page Range:47-61
  • No. of Pages:15
  • Keywords:Damages; Educational institution; Mother; Child; Mobile phone;
  • Summary/Abstract:There are many health risks associated with the use of mobile phones. This paper deals with the liability for damage that occurs to persons under 15 years of age. In the first part the author addresses the issue of who is liable for health damage inflicted on fetuses as a result of mobile phone use by mother or surrogate mother. Second part of the paper is focused on health damage related to impaired communication which occurs in children who are allowed by their parents to use mobile phones. Third part discusses the issue of health problems resulting from use of mobile phones of children on their own will in educational institutions and use of mobile phones in the teaching process. Increasing severity of the health issues related to mobile phone use poses serious threat to general health of future population. The aim of this paper is, therefore, to propose amendments to the liability legislation so as to prevent even more serious damage.
Legal Sources of the Croatian Law on Liability for Damages Caused by Physical Injury, Death or Health Impairment of a Crew Member (Seaman)

Legal Sources of the Croatian Law on Liability for Damages Caused by Physical Injury, Death or Health Impairment of a Crew Member (Seaman)
(Legal Sources of the Croatian Law on Liability for Damages Caused by Physical Injury, Death or Health Impairment of a Crew Member (Seaman))

  • Author(s):Dragan Bolanča
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law
  • Page Range:62-75
  • No. of Pages:14
  • Keywords:Croatian law; Liability for damages; Physical injury; Death; Health impairment; Crew member;
  • Summary/Abstract:The crew of maritime ship includes the captain and other personnel who are entered in the crew list to perform different duties on ship. In this paper, authors analyse and compare the legal sources of the Croatian law on liability for damages caused by physical injury, death or health impairment of a crew member (seaman or seafarer). The authors describe legal provisions contained in the derogated Maritime Code (1994), the present Maritime Code (2004)and the Civil Obligation Act (2005). In their concluding remarks, they point out that the Croatian legal solutions could be regarded as being very successful.
Спорност неспорног - vice versa

Спорност неспорног - vice versa
(Disputability of Indisputable - Vice Versa)

  • Author(s):Slobodan I. Panov
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:76-91
  • No. of Pages:16
  • Summary/Abstract:Sartre's vigilant matrix of contemplation, in the words of a distinguished Serbian intellectual Željko Simić, is that a man is imperfect being striving for perfection. Despite being illuminated by unquenchable dialects, this holistic note may serve as an impoverished description of a lavish God-given portrait of a life of a human. Academician D. Basta in one of his essay-like notes on literature pointed to illusion of charm / uniqueness of "dull Belgrade parties". From globalist and imperialist view, inevitable Hollywood attractiveness ends up in predictable / sterile plainness. Everything, man and life alike, end up closer to pain (A. Dedić). The whole path of cognizing law is illuminated with glimmers of light and obscured by dark and shadows. Law is a necessity of harmony (in its joyous form). Law and pedagogy both share the art of argumentation. Family law strives to philharmonic with accent on harmony of three or more tones of parents and their child / children. As in Constitutional law, where it is not simple to achieve harmony between notes of power and freedom, in Family law alike it takes an effort to unite in harmony sounds of devotion to freedom and freedom of devotion i.e. hymn to Christ's twofold mono existence. The law of enantiodromia. Harmonization and reconciling opposites is omnipresent. Flares and fire of contradiction is a quality of truth, not its negation. Saint Sava to his father is a biological son, but a spiritual father. All the creativity of Raphael, the prince of painting, in the words of Delacroix, lied in imitation. While experiencing his blackest depression, Sava Šumanović painted cheerful paintings of vibrant colors. Chekhov's writing desk is in the state of disorderly order. Soviet major Gagarin could have done more (to be the first man in cosmos) but could not have done less (to use cutlery properly in English court. Our Queen nobly disregarded the fact). Saint Nicholai reveals that there is no virtue without sin, no death without resurrection, no Moikovac without Kaimakchalan. Professor S. Troitsky says that the members of the Church are free because they are slaves of the law. Raskolnikov was dubbed saint devil....
Потреба за регулисањем института прекида стечајног поступка у ванредним околностима

Потреба за регулисањем института прекида стечајног поступка у ванредним околностима
(The Need for Regulation of Institute of Termination of Bankruptcy Proceedings in Extraordinary Circumstances)

  • Author(s):Vladimir Čolović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Financial Markets
  • Page Range:92-108
  • No. of Pages:17
  • Keywords:Extraordinary circumstances; Pandemic; Bankruptcy proceedings; Civil proceedings; Termination of proceedings; Bankruptcy reason;
  • Summary/Abstract:Extraordinary circumstances may affect the conduct of court proceedings, and, inter alia, bankruptcy proceedings. These circumstances may be caused by the pandemic, which is still present, but also by another events that cannot be predicted. The bankruptcy legislations of the countries in the region does not provide for the institute of termination of procedure. on the other hand, in civil proceedings, the termination of civil proceedings is regulated. when the court ceases to operate due to a state of emergency. Namely, after termination of the procedure has been ordered, all deadlines set for performing actions in the procedure cease to run. Also, during the termination, the court may not take any action in the proceedings. However, the court may render a decision, if the termination occurred after the conclusion of the main hearing and if, in general, it is possible to render a decision. The paper raises the question of whether it is justified to define the institute of termination in bankruptcy proceedings, having in mind specificities of this procedure. Extraordinary circumstances must be such that access the court is impossible. On the other hand, the bankruptcy legislation stipulates that, accordingly, the provisions of the civil procedure could be applied. The paper also pays attention to the reasons for bankruptcy, that is, the question of whether bankruptcy proceedings will be initiated, if the bankruptcy reasons arose as a consequence of extraordinary circumstances. The author also refers to some of the measures that could be take in bankruptcy proceedings in extraordinary circumstances.
Режим одговорности за повреду жигом заштићене ознаке на интернету у америчком, европском и међународном праву

Режим одговорности за повреду жигом заштићене ознаке на интернету у америчком, европском и међународном праву
(Liability Regime for Trademark Infringement on the Internet in American, European and International Law)

  • Author(s):Jelena Ćeranić Perišić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, ICT Information and Communications Technologies
  • Page Range:109-128
  • No. of Pages:20
  • Keywords:Trademark; Liability; Internet; Infringement; Internet intermediaries;
  • Summary/Abstract:The Internet, global computer network that enables communication among users around the world, is defined by technical and technological capabilities that are balanced globally. In such an environment, different and even more imprecise regulations, which allow for uneven interpretations, contribute to legal uncertainty. The primary common interest of all participant in interactive communication is to establish normative framework for the harmonization of regulations at the global level. A comparative law analysis of the regime of liability of internet intermediaries for trademark infringement indicates the absence of harmonization of national and international approaches to the secondary liability of online service providers. There is a clear Atlantic division, more precisely the difference between the approach adopted by the courts of the United States of America and the approach adopted by European courts. In addition, the case law of the Member States is not uniform within the European Union itself. The lack of harmonization in this area has not been eliminated by international law, understood in terms of international legally binding sources (so-called soft international law). At this moment, only the so-called soft international law offers certain, very effective solutions in terms of harmonizing the regimes of liability of internet intermediaries for trademark infringement.Notice and Takedown System has for years, worldwide allowed Intellectual Property rights holders whose rights have been violated to notify the internet intermediaries and require them to remove content from the Internet. In line with this approach, most hosting providers have implemented internal Notice and Takedown Systems. Although the functioning of Notice and Takedown Systems operates in a similar way in international practice, there is a small, but significant difference between United States law and European Union law regarding the position of the internet intermediaries after receiving notification of an infringement. In EU law, if an internet intermediary does not necessarily imply its liability, but only that it will not automatically enjoy the immunity ("save harbors" regime). Moreover, an internet service provider to be held liable, the secondary liability standard must also be met based on the national law applicable in the particular case. On the contrary, according to US case law (established in case Tiffany Inc. v. eBay Inc.), if an internet intermediary, after being notified that his user is infringing someone else's trademark right, continues to provide services to him, this automatically withdraws its liability. despite the territorial fragmentation of the regime of liability of internet intermediaries, comparative legal research indicates that no legal system manages to provide an adequate response to the needs of the subjects, participants in interactive communications. Therefore, it is evident that there is a need to reform the regimes of liability of internet intermediaries for trademark infringement at national and international levels.
Zaštita najboljeg interesa djeteta u materiji prekograničnog izdržavanja

Zaštita najboljeg interesa djeteta u materiji prekograničnog izdržavanja
(Protection of the Best Interest of a Child in Matters of Cross-border Maintenance)

  • Author(s):Anita Duraković, Jasmina Alihodžić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
  • Page Range:129-148
  • No. of Pages:20
  • Keywords:Cross-border maintenance of a child; Best interest of a child; International and European sources of law;
  • Summary/Abstract:Observing principle of the best interest of a child in matters of cross-border maintenance is the topic that deserves special attention for a number of reasons. The first of these relates to the principle itself, its abstract nature and merit which is determined in every individual case taking into consideration all the circumstances surrounding that particular case. Other reasons concern the fact that the matter of cross-border maintenance of a child is extremely complicated and challenging, and is derived from a number of sources: national, international and European. Third set of reasons concerns child itself, his/her existence and well-being which is directly related to performing the obligation of maintenance. Authors will in this paper point to elements for assessment of the best interest of a child in matters of cross-border maintenance taking into account different international and European sources of law which govern this matter and taking note of the abstract character of the principle of the best interest of a child.
Uticaj pandemije COVID-19 na ugovornu odgovornost

Uticaj pandemije COVID-19 na ugovornu odgovornost
(Impact of the COVID-19 Pandemic on Contractual Liability)

  • Author(s):Katarina Jovičić, Slobodan Vukadinović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
  • Page Range:149-170
  • No. of Pages:22
  • Keywords:Covid-10; The contract; non-performance; Exemption from contractual liability; Vis major; Hardship;
  • Summary/Abstract:The aim of this work is to, starting from global pandemic of COVID-19 virus which also affected the area of law, explore the impact of COVID-19 on contractual liability. Having in mind the principle pacta sunt servanda, exceptional circumstances that may release debtor from contractual liability are being examined. By applying historical-legal and comparative-legal research method, the common and recognizable situations and events are discussed which in different legal systems release debtor form contractual liability. The legislative techniques used in European-Continental and Anglo-Saxon legal system for regulation of this legal issue are indicated. In addition authors analyze the latest trends in comparative law that show the impact of COVID-19 on this issue, with aim to examine weather COVID-19 leads to exemption from contractual liability or not.
Tjelesno kažnjavanje djece - zakonodavstvo i praksa u Bosni i Hercegovini

Tjelesno kažnjavanje djece - zakonodavstvo i praksa u Bosni i Hercegovini
(Corporal Punishment of Children - Legislation and Practice i Bosnia and Herzegovina)

  • Author(s):Maja Čolaković, Ramajana Demirović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Studies in violence and power
  • Page Range:171-193
  • No. of Pages:23
  • Keywords:Physical integrity; Health; Children's rights; Parent School;
  • Summary/Abstract:Corporal punishment of children is the most common form of violence against children which is in many countries still legal and socially justified. As child - rearing and disciplinary method it is applied in the family, alternative care and educational institutions. In some legal systems, it has been incorporated into the judicial system as a type of criminal sanction or educational method in institutions for the execution of criminal sanctions. Corporal punishment of children deeply affects their personal goods : life and bodily integrity, human dignity, freedom, etc. In states where it is allowed, it violates the constitutionally guaranteed right to equality before the law and equal protection of all human beings. The decades - long campaign for a legal ban on this negative phenomenon, conducted by international and regional organizations for the protection of human / children's rights, has had a positive impact on changing public awareness and eliminating corporal punishment in many countries. In this regard there is a gap between legislation and practice in Bosnia and Herzegovina. Corporal punishment in the family and educational institutions is explicitly or indirectly prohibited and punishable, but practice shows that it is still widespread and generally accepted as child - rearing and disciplinary method in the family. The paper will analyze the legislative solutions to this issue in comparative and national law, and explore legal and social practice in some countries, in order to emphasize the need for its legal reform in Bosnia and Herzegovina and the need to conduct comprehensive education of its citizens on the harmfulness of corporal punishment for development the child's personality and the exercise of their rights.
Određivanje pojma i prava jednoroditelja i samoroditelja u Federaciji Bosne i Hercegovine

Određivanje pojma i prava jednoroditelja i samoroditelja u Federaciji Bosne i Hercegovine
(Defining the terms "Mono-parent" and "Self-parent" and Their Rights in Federation of Bosnia and Herzegovina)

  • Author(s):Boris Krešić, Edina Šehrić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Family and social welfare
  • Page Range:194-216
  • No. of Pages:23
  • Keywords:One-parent family; Family; One-parent; Self-parent; Single parent; Child's rights;
  • Summary/Abstract:The terms "mono-parent" and "single-parent" are not defined in either the Family Law of Federation of Bosnia and Herzegovina (FB&H) or in any legal acts. In social discourse these two concepts are often equated to the term "single-parent" which is why their rights are equated as well. When it comes to these rights,it is often unclear whether the reference is made to the right of a child coming from such family, the right of a single-parent, or the right of the person from a one-parent family. This paper studies the legal nature of one-parent and self-parent families and provides the identification of their basic characteristics so as to create the foundation for future recognition of such families in the Family Law of FB&H. The main purpose of this paper is to analyze the legal position of one-parent and self-parent i FB&H and to identify the rights granted to this category of parents. That is why the analysis starts with the national regulations that define the aspects important for the parents in charge of parental care. The paper brings a comparative analysis of the rights of one-parent and self-parent in FB&H and those exercised in the surrounding countries and the entity of Republic of Srpska. It also provides the opinions and recommendations for upgrading the existing regulations, improving the quality of rights given to these families, and securing more efficient procedures for exercising these rights.
Стицање односно издвајање предмета домаћинства мање вриједности и ванбрачна заједница

Стицање односно издвајање предмета домаћинства мање вриједности и ванбрачна заједница
(On the Right to Separate or Acquire Household Objects of Lesser Value and on Nonmarital Union)

  • Author(s):Dimitrije Ćeranić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Family and social welfare
  • Page Range:217-246
  • No. of Pages:30
  • Keywords:The right to separate or acquire household objects of lesser value; Non marital union;
  • Summary/Abstract:The aim of the paper is to examine relationship between legal norms governing acquisition or separation of household objects of lesser value and relationship between legal effects of registering a non-marital union. Is non-marital partner entitled to acquire or separate such objects according to positive law? Should they be given such rights? In finding answers to these questions the author examines legal solutions provided by the legislation of the countries of former Yugoslavia and legal and theoretical perspectives on this issue. The methodology employed are historical, comparative, socio-legal and normative. Findings show that some of the jurisdictions examined in the research entitle non-marital partner to acquire such objects, while in others such right is rather contentious. With regard to the issue of granting non-marital partners said rights, the author expresses certain doubts, pointing to the arguments for and against such a decision. In either case, the issue of granting non-marital partners right to acquire household objects of lesser value should be regulated more precisely by the inheritance legislation.
Слобода изражавања и ауторско право

Слобода изражавања и ауторско право
(Freedom of Expression and Copyright)

  • Author(s):Svjetlana Ivanović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
  • Page Range:247-268
  • No. of Pages:22
  • Keywords:Copyright; Freedom of expression; Copyright exceptions and limitations; Internet;
  • Summary/Abstract:The purpose of copyright is to protect creative expression of ideas and to encourage creativity. A work of authorship is individual creation which expresses author's opinion, attitudes and feelings, regardless of the quality or permissibility of the content. On the one hand copyright enables freedom of expression, and on the other hand, it is possible to ask whether freedom of expression can endanger copyright. The use of copyright work in order to make alterations can violate the right to integrity of the work, and the copyright protection could impose constraints on artistic freedom. The latent conflict between copyright and freedom of expression exists particularly in the online environment, in the era of social networks and various online platforms. Copyright enforcement measures on the internet, such as blocking access, filtering and removing content, raise the question of protecting one right and infringing the other. The European Union Directive on Copyright and Related Rights in the Digital Single Market imposes obligations on internet intermediaries, which could potentially restrict freedom of expression on the global network, an issue that should be decided by The Court of Justice of the European Union. It is questionable whether copyright is gaining a new role in the digital environment and is becoming and is becoming a tool for censorship on the internet. The analysis of the interplay between copyright and freedom of expression on the internet will be presented in this paper.
Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law

Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law
(Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law)

  • Author(s):Samir Manić
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law
  • Page Range:269-288
  • No. of Pages:20
  • Keywords:Medical employee; Medical means with deficiency; Damage; Strict product liability for damage;
  • Summary/Abstract:In most legal systems, at the current level of development of legal relations, there is a tendency view for the damage caused by the deficiency of products, and it existed at the time of its selling period, objectively its producer bears the responsibility. Besides an evident fact that medical means have product's character, there is a a question related to damage a patient suffers from a medical means with deficiency, can besides a producer, also be responsible a health employee/health institution that by using such means caused damage to a patient. Although, with the effort of health employees, responsibility for this damage has been mostly on producers of medical means, where they had the support of a court practice, it is evident there is also a higher need for health employees/health institutions to be responsible for this damage.
Интернет коцкање: постављање проблема и могућа решења

Интернет коцкање: постављање проблема и могућа решења
(Internet Gambling: Identifying Problems and Offering Possible Solutions)

  • Author(s):Bogdana Stjepanović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
  • Page Range:289-309
  • No. of Pages:20
  • Keywords:Gambling; Internet; Addiction; Public health; Prevention;
  • Summary/Abstract:The development of technology also had an impact on the field of gambling. Internet casinos are becoming more and more common. From the nineties of the last century, when it first appeared, until today, a constant increase in Internet gambling has been noticeable. The increase in the availability of both the Internet and the devices through which it can be accessed has also led to changes in the field of gambling. Today, Internet gambling is the fastest growing gambling model in the world, which greatly changes the established forms of gambling and the participation of the people in this activity. Many countries significantly restrict or ban online gambling, but it is allowed in most European countries. Considering the wide range of different types of gambling and their availability to a large number of people of different ages, internet gambling has become one of the most popular and lucrative jobs on the Internet. Along with its appearance, there was social concern about the effects that this type of gambling would have on society. Social and economic concern about gambling on the Internet is caused by the fact that it is easily accessible, that it is resorted to by younger generations, often minors, that they miss noticing the onset of the diseases that may occur s a result of gambling. The goal of writing this paper is to review the current state of internet gambling in the world and in our country, to analyze the problems it causes in practice, to review the legal regulations on this issue, as well as to consider the protection of most vulnerable group. At the very end of the paper, a proposal is made for reducing, if not overcoming, the mentioned problems.
Квалификација уобичајеног боравишта: правно или чињенично питање

Квалификација уобичајеног боравишта: правно или чињенично питање
(Qualification of Habitual Residence: Question of Law or Question of Fact)

  • Author(s):Dragana Damjanović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:309-325
  • No. of Pages:17
  • Keywords:Habitual residence; Legal qualification; Legal issue; Question of fact; Factual concept; Factual background Defining habitual residence; Flexibility;
  • Summary/Abstract:Habitual residence is a term created by the Hague Conference on Private International Law, with the aim of overcoming the differences between countries that proffered citizenship as a point of attachment in status, family and inheritance relationships and those countries that preferred domicile in this sense, and difficulties in interpretation of domicile itself. The Hague Conference turned to the habitual residence, and over time it became the dominant criterion both for determining the applicable law and for determining jurisdiction, not only in the instruments of the Hague Conference for International Private Law, but also in the law of the European Union, and international legislations. At the same time, as a plus on the side of habitual residence, its factual character is emphasized, which allows it to be determined in each case separately. , However, the question arises whether habitual residence is a factual or legal issue? In the paper, the author tries to provide answers to the above and some other questions, trying not to violate the idea of habitual residence as a flexible point of attachment.
Разлози искључења одговорности продавца усљед постојања материјалних недостатака

Разлози искључења одговорности продавца усљед постојања материјалних недостатака
(Reasons for Excluding Liability of the Seller for Defective Goods)

  • Author(s):Tijana Baćović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Law on Economics
  • Page Range:326-343
  • No. of Pages:18
  • Keywords:Seller, Buyer; Material deficiency; Liability;
  • Summary/Abstract:Seller is liable for defective goods at the moment of transfer of risk (which in our legislation is equivalent to time of surrender of goods) regardless of his awareness of material deficiency of the goods. Seller is also liable for the deficiency of goods which occurs after transfer of risk if the said deficiency is the result of the cause that existed before the transfer of risk. The ground for seller's liability is not culpability, but protection of one of the fundamental principles of law of obligations - principle of consideration (exchange of values). Although the seller is liable for defective goods irrespective of culpability, there are cases where his liability is excluded. The author will point to reasons for exclusion of such liability provided for by the legislation of Republic of Srpska, comparative law and legal acts of the European Union with the aim of protecting consumers, providing at the same time an overview of legal theory and case law concerning this matter.
Румунска православна црква од аутокефалије до степена патријаршије - државно и религијско деловање: - Главни правци задобијања аутокефалије у односу са Васељенском патријаршијом -

Румунска православна црква од аутокефалије до степена патријаршије - државно и религијско деловање: - Главни правци задобијања аутокефалије у односу са Васељенском патријаршијом -
(Romanian Orthodox Church from Autocephaly to the Rank of Patriarchate - State and Religious Action: - Main Routs of Receiving Autocephaly in Relations With Ecumenical Patriarchate of Constantinople -)

  • Author(s):Joachim Bejenariu
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Politics and religion, Other Christian Denominations
  • Page Range:344-369
  • No. of Pages:26
  • Keywords:Autocephaly; Romanian Orthodox Church; Nationalization; Statehood; Independence; Recognition;
  • Summary/Abstract:Unlike modern states which are founded on the values of the French revolution (1789), Church has always been marked by tradition and absolute identification with national interests.Ecumenical Patriarchate of Constantinople officially recognized Romanian Orthodox Church in 1885 when Ecumenical Patriarch issued act formalizing this decision. In reality, autocephaly of the Romanian Orthodox Church, spread to Transylvania as well, in the sense of independence existed in Middle Ages and as such was confirmed on several occasions by Romanian leaders (rulers, the last of which Dimitrie Cantemir, several years before establishing the Phanariot rule in Romanian lands).
Право на живот и обавеза да се проведе дјелотворна истрага

Право на живот и обавеза да се проведе дјелотворна истрага
(The Right to Life and Obligation to Conduct Efficient Investigation)

  • Author(s):Miodrag N. Simović, Vladimir M. Simović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
  • Page Range:373-402
  • No. of Pages:30
  • Keywords:Constitution of Bosnia and Herzegovina; European Convention for the Protection of Human Rights and Fundamental Freedoms; Constitutional Court of Bosnia and Herzegovina; European Court of Human Rights;
  • Summary/Abstract:The right to life, protected under Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, protocol No. 6 on the Abolition of the Death Penalty in Peacetime, and protocol No. 13 on the Abolition of the Death Penalty in All Circumstances, is one of the fundamental rights guaranteed under this Convention. Violation of this right is considered the most serious violation of this Convention. This right is also protected under Article II/3a of the Constitution of Bosnia and Herzegovina , and the Constitutional Court of Bosnia and Herzegovina often has the opportunity to consider appeals related to the violation of this right. The protection of the right to life exists regardless of the condition in which a person finds himself, whether he is healthy or ill, dying and without a chance to survive the situation in which he finds himself. It is realized in full form the moment of his birth until the moment of his death. In Bosnia and Herzegovina, the protection of this right lies with the prosecuting authorities: the police, the prosecution and the regular courts. In order to protect the right to life, the states which are parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms are obliged to protect everyone under their jurisdiction from deprivation of life. In doing so, states are obliged to take various preventive measures to prevent the deprivation of life, and in case it does occur - they are obliged to take a number of protective measures that include material and procedural aspects. In the first part of the paper, the intention of the authors is to clarify the basic issues related to the right to life in the case law of the European Court of Human Rights. The central part brings the case law of the Constitutional Court of Bosnia and Herzegovina, as well as the analyses and discussion of the recent decision of the Constitutional Court of Bosnia and Herzegovina in the "Dragičević case" in which the appellant pointed out to violation of the right to life under Article II/3a of the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The authors conclude that the competent bodies conducting the investigation must be independent of other persons who could, in any way, be related to the case, not only in hierarchical but also in practical sense. The investigation must be conducted promptly and in a timely manner and be available to the victim's family to the extent necessary to protect their rights. Moreover, in certain circumstances, the investigation must be subject to the "public eye".
Иэбыток норм права возвращает к социокультурным ценностям

Иэбыток норм права возвращает к социокультурным ценностям
(Form the Excess of Legal Norms to Sociocultural Values)

  • Author(s):Elena Gennadievna Bagreeva
  • Language:Russian
  • Subject(s):Law, Constitution, Jurisprudence, Culture and social structure
  • Page Range:403-410
  • No. of Pages:8
  • Keywords:Imbalance of public regulators; The sense of justice; Coronavirus pandemic; Sociocultural guidelines; Legal norms;
  • Summary/Abstract:The article deals with a dangerous imbalance in public regulators in the direction of expanding the norms of the legal field. The article analyzes the reasons that force the State of Russia to adopt more than 500 draft laws per year. The problems of over saturation of the norms of law against the background of the destruction of the basic values and needs of citizens are discussed. The article substantiates the need to specify the priorities of the State, to rethink educational guidelines based on modern cultural values.
Социальные перманены и вызовы законодательству

Социальные перманены и вызовы законодательству
(Social Changes and Challenges to the Law)

  • Author(s):Anna Mantarova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminology, Migration Studies
  • Page Range:411-422
  • No. of Pages:12
  • Keywords:Crime; Social transformation; Migration crisis; COVID pandemic; Determinants of crime; Normative-institutional determinants of crime; Law;
  • Summary/Abstract:The purpose of the proposed work is to trace the relationship between crime and the dynamics of the social situation, emphasizing the importance of law as the main normative system. The main research method is the analysis of statistical information on the state of crime for a relatively long period, analysis of changes in legislation and comparison of two processes. The report analyzes two specific social situations - the transition from a one-party political system and centralized planned economy to a multiparty political system and market economy and the period of the pandemic of COVID 19. Parallel tracking of changes in society and in the regulatory framework clearly shows the connection between them. It is concluded that in the conditions of dynamic social changes, the timeliness of changes in laws, their adequacy to the real social situation and scientifically based forecasts of its development are of key importance for the state of crime.
Узроци, последице и изазови старења затворске популације

Узроци, последице и изазови старења затворске популације
(Causes, Consequences and Challenges of Prison Population Aging)

  • Author(s):Vladimir V. Veković, Violeta V. Ćulafić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminology, Penology, Penal Policy
  • Page Range:423-437
  • No. of Pages:15
  • Keywords:Elderly prisoners; Causes and consequences of the aging of the prison population; New paradigm of opposition to criminalty;
  • Summary/Abstract:The aging of prison population is a planetary phenomenon that should be observed in the context of the accelerated aging of the total population at the turn of the 2nd and 3rd millennium. Also, the increase in number of elderly prisoners resulted partly from the changes on the legislative level, as well as in the area of criminal prosecution and sentencing. Namely, with the aim of more successful control of crime, in 1980s and 1990s in the USA (and later in other parts of the world) an approach was promoted that involves the adoption of stricter laws, the prescription of high special minimum prison sentences for numerous crimes, the impositions of long sentences and restrictive enforcement, early release, introducing the practice of sentencing returnees convicted of a third serious crime to life imprisonment without the possibility of parole (three-strikes and you're out), etc. Given that prison sentences, if they are imposed en masse and last unreasonably long, result in the aging of the prison population (silver tsunami) and a series of unfavorable social, ethical, health and economic consequences, the awareness of the necessity of articulating a new paradigm of combating criminality has gradually matured, This qualitatively different approach includes more frequent application of alternative sanctions, reduction of incarceration, revision of harsh practice of imposing long sentences and easier approval of parole and compassionate release of older prisoners (back-door strategy) who do not pose a high security risk. Along with the development of policies and strategies to reduce the incarceration of the elderly, it is necessary to design and implement action programs aligned with their specific needs, as well as the highest international standards. This will make the prospects for re-socialization and social reintegration of the members of this vulnerable group much more realistic, and at the same time relieve the prison systems which, due to the numerous problems they have faced during the last decades, are on the verge of collapse.
Савремени приступ писмености и неписмености као класичним криминолошким темам

Савремени приступ писмености и неписмености као класичним криминолошким темам
(Contemporary Approach to Literacy and Illiteracy as Classic Criminology Topics)

  • Author(s):Marina M. Simović, Miomira P. Kostić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology
  • Page Range:438-451
  • No. of Pages:14
  • Keywords:Literacy; Illiteracy; Culture; Deliquency; UNESCO; Gender sensitive language; Gender equality;
  • Summary/Abstract:There is no consensus in the criminology literature on how education can influence the expression of delinquent activities (pessimistic and optimistic currents of opinion), although statistics show that delinquents include a large number of those with low education and a lower level of culture. The authors first pointed out the explanation of the concept of literacy/illiteracy. Literacy is the ability to use available systems of symbols, which are the basis of learning and teaching, for the purpose of understanding and composing, or for the purpose of compiling communicative meaning and knowledge. Literacy is a boarder concept than the printed word, which is read or written. It is shaped by context, participants and applied technologies. Today's context encompasses the development of technology, along with visual. audio, gestural, spatial, or multimedia discourse. Some scholars claim that, from historical point of view, there has always been some crisis moment in literacy. Taking into account the tradition, criticism and approach to literacy, UNESCO documents identify four areas of understanding literacy: literacy as an independent set of skills,; literacy as something that is applied; practiced and is an established condition; literacy as learning process; literacy as text; word content. By pointing out the statistical prevalence of illiteracy among the population in Serbia and criminological observation of the relationship between illiteracy and delinquency, the authors also refer to the provisions of the Law on Gender Equity, adopted ion 20 May 2021 in Serbia, which raised a number of questions in domestic public regarding the application of this law, especially the part related to the use of gender sensitive language. The subtlety of conflicting argument that are for and against certain legal solutions related to the use of gender-sensitive language indicates the strength of scientific and professional wealth of linguistic knowledge that, in accordance with our own preferences, we may or may not accept. But, for this very reason, the authors encouraged by the diversity of the power of argumentation, return to criminological beginnings of one of the most important requirements for human survival - literacy.
Поступак за изрицање мјера безбједности обавезног психијатријског лијечења у кривичном поступку Републике Српске

Поступак за изрицање мјера безбједности обавезног психијатријског лијечења у кривичном поступку Републике Српске
(Procedure for Imposing Security Measures of Mandatory Psychiatric Treatment in the Criminal Procedure of the Republika Srpska)

  • Author(s):Mladenka Govedarica
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Clinical psychology
  • Page Range:452-465
  • No. of Pages:14
  • Keywords:Criminal act; Offender Proceedings; Criminal liability; Insanity;
  • Summary/Abstract:The Criminal Code of the Republika Srpska from 2017 prescribes nine security measures as criminal sanctions that can be imposed after the conducted criminal procedure. Among them, security measures of obligatory psychiatric care and treatment in a health institution or at large have an extremely important place. Criminal sanctions are imposed after it has been established in the evidentiary procedure at the main trial that the person committed an illegal act in a state of insanity. Although there is a lack of a subjective component which, in addition to the objective one, requires that an action be characterized as a criminal offense, it is quite clear that it is necessary for society to react through the courts to persons who have entered the field of criminal law disorders. The criminal procedure legislation of BiH differently prescribes the type of court decision which imposes the said security measures. In the legislation of the Republika Srpska, these measures are imposed in the form of a decision when it is proven that the person was insane at the time of the crime (without time limit, with justification being examined every nine months), while in the rest of the BiH legislation in case of proven insanity a verdict is pronounced establishing that the accused has committed an illegal act in a state of insanity, and than the special decision is issued ordering temporary involuntary placement in a health institution for a period of six months. In addition to differences in the type of decision, all persons in BiH who were sentenced to security measures are placed in the Institute for Forensic Psychiatry - Sokolac and it is the only institution of this type in the territory of BiH. The institution of this type provides adequate psychiatric treatment for these persons in BiH, which is in line with European Convention on Human Rights and Fundamental Freedoms.
Reform of Judiciary System in Serbia - Compliance with European Standards or Not?

Reform of Judiciary System in Serbia - Compliance with European Standards or Not?
(Reform of Judiciary System in Serbia - Compliance with European Standards or Not?)

  • Author(s):Dragana Čvorović
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, EU-Accession / EU-DEvelopment, EU-Legislation
  • Page Range:466-480
  • No. of Pages:15
  • Keywords:European integration; Efficiency; Corruption; Procedural guarantees;
  • Summary/Abstract:The importance of judicial system is recognized in Republic of Serbia and represents an important part of the reform in the process of accession to the European Union. In line with that, there is a justified question of electing judges and public prosecutors in Serbia, as well as trainings conducted with the aim of improving the position of judicial office holders and realization of key principles of independent and impartial judiciary as a requirement of the European Union for Serbia. In addition for the above principles, the paper analyzes other standards of efficiency of judges and public prosecutors in Serbia. In accordance with the above, the author analyzes the subject matter from the following aspects: first, introductory considerations, second, judicial reform in Serbia - a necessity in the process of accession to the European Union? ; third, judicial reform principles in the process of Serbia's accession to the European Union; fourth, judicial academy as a training center for judges and prosecutors - requirements of the European Commission; fifth, concluding marks.
Право на правично суђење и медијско извештавање у пракси Европског суда за људска права

Право на правично суђење и медијско извештавање у пракси Европског суда за људска права
(The Right to a Fair Trial and Media Coverage in the Case Law of the European Court of Human Rights)

  • Author(s):Saša Atanasov, Milica Kovačević
  • Language:Serbian
  • Subject(s):Media studies, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
  • Page Range:481-493
  • No. of Pages:13
  • Keywords:Fair trial; Presumption of innocence; Freedom of speech; Criminal procedure;
  • Summary/Abstract:According to Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, every citizen has right to a fair trial, which includes the right to the presumption of innocence. On the other hand, Art. 10 of the convention guarantees the right to freedom and expression of opinions, which also refers to the freedom of the press, while at the same time press has obligation to inform citizens on issues of general interest. The question is whether the enjoyment of the right of freedom of expression affects the defendant's right to a fair trial, especially when it comes to extensive media campaigns reporting on certain significant cases, as well as when it comes to statements by government officials about ongoing investigations. and criminal proceedings in general. In the practice of the European Court of human rights, certain opinions have emerged, such as that state officials do have the right to speak on issue of the greatest general interest, including criminal matters. However, balance needs to be struck between freedom of expression and the right to fair trial. Therefore, the paper is dedicated to the analysis of the most significant cases from the practice of the European court of human rights, in order to point out some key issues. The normative and the comparative method have been used. The aim of this paper is to five certain recommendations that could be applied in practice. One of the main conclusions is that prosecutors and judges have particularly complex obligations regarding the preservation of the presumption of innocence. Other high-ranking state officials also have an obligation to take account of the right to a fair trial. Leaders of political parties and other public figures do not have to speak with such a high level of discretion and attention when it comes to ongoing criminal proceedings.
(Не)адекватност државне (ре)акције на криминалитет - сузбијање криминалитета

(Не)адекватност државне (ре)акције на криминалитет - сузбијање криминалитета
((In)adequacy of State (Re)action to Crime - Combating Crime)

  • Author(s):Sadmir Karović, Marina M. Simović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology
  • Page Range:494-513
  • No. of Pages:20
  • Keywords:Criminal offense; Criminal procedure; Investigation; Proving;
  • Summary/Abstract:An efficient and energetic fight against all forms of crime requires appropriate legal solutions of material and procedural nature as a necessary condition for achieving the expected results of criminal justice. New phenomenological forms of crime, and especially specific forms of organized crime, inevitably require the adequacy of primarily institutional and non-institutional state response to crime in relation to timely, efficient and legal detection, investigation and proof of crimes. The introduction and prescribing of proportionate legal solutions of a material and procedural nature in relation to crime, directly affects the efficiency of criminal justice. In all phases, the conduct of the main and secondary (auxiliary) criminal procedural subjects in the criminal procedure of Bosnia and Herzegovina is directly determined and conditioned by restrictive legal conditions. This paper addresses crucial issue related to the (in)adequacy of the state response to crime with the aim of recognizing and identifying problems related to the complexity of detecting, investigating and proving criminal offenses.
Пореска превара у вези са порезом на додату вредност - критички осврт на ново кривично дело

Пореска превара у вези са порезом на додату вредност - критички осврт на ново кривично дело
(Tax Fraud in Connection With Value Added Tax - Critical Review of a New Criminal Offense)

  • Author(s):Vanda Božić, Suzana Dimić, Mirjana Đukić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology, Corruption - Transparency - Anti-Corruption
  • Page Range:514-528
  • No. of Pages:15
  • Keywords:Tax fraud related to value added tax; Tax evasion; Criminal Code; Law on Tax procedure and Tax Administration; Tax Crimes;
  • Summary/Abstract:In the paper the authors pointed out the tax, financial and criminal aspect of the new criminal offense "Tax fraud in connection with value added tax" prescribed by Art. 173. 1. of the Law on Tax Procedure and Tax Administration (ZPPPA) as a blanket regulation in relation to the General Criminal Code. The paper is divided into three parts. The first part refers to the value added tax (VAT), the second part covers the criminal material, and the third part the criminal procedure aspect of the tax fraud related to the value added tax. The amendments to the ZPPPA deleted criminal offense "Unfounded disclosure of the amount for tax refund and tax credit", which was replaced by "Tax fraud in connection with value added tax". In relation to the mentioned new criminal offense, there was an expansion of criminal responsibility as well as harmonization with the criminal offense of tax evasion (Criminal Code). The authors point out the possible problem of delimiting the intention of the tax-payer, whether it is aimed at tax evasion or the intention to commit fraud with VAT, especially when presenting fictitious invoices.
Prekoračenje granica nužne odbrane - uporednopravna analiza sa osvrtom na rješenja iz sudske prakse

Prekoračenje granica nužne odbrane - uporednopravna analiza sa osvrtom na rješenja iz sudske prakse
(Exceeding the Limits of Necessary Defense - Comparative Analysis With Reference to Case Law)

  • Author(s):Sunčica Hajdarović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Court case
  • Page Range:529-569
  • No. of Pages:41
  • Keywords:Necessary defense; Exceeding the limits of necessary defense; Affective states;
  • Summary/Abstract:It is an indisputable fact that the necessary defense, as the defense which is necessary for the perpetrator to ward imminent unlawful attack on himself or another, excludes the existence of a criminal offense through the exclusion unlawfulness. These are situations in which a permissive norm nullifies the effect of a prohibitive norm, with the existence of one condition - the attacker acts with a defensive will. However, there are situations where these limits are exceeded, so a crime is committed. In this paper author will explain the ratio legis of exceeding the limits of self-defense due to asthenic affects as a reason for milder punishment or release from punishment, and will discuss possible unresolved issues regarding practical application of this institute, with special emphasis on solutions in comparative criminal law, trough a review of case law. The paper will also provide proposals de lege ferenda on possible forms of exceeding the limits of self-defense, all in an effort to harmonize the criminal legislation of Bosnia and Herzegovina with the European criminal legislation.
Шта се догодило са гарантивном функцијом кривичног права?

Шта се догодило са гарантивном функцијом кривичног права?
(What Happened to the Guaranteed Function of Criminal Law?)

  • Author(s):Igor Petković
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:570-576
  • No. of Pages:7
  • Keywords:Criminal law; Warranty function; "Redemption" of punishment;
  • Summary/Abstract:The National Assembly of the Republika Srpska, with the Law on Amendments to the Criminal Code from 2021, introduced a number of changes to the legal text from 2017. In this paper, we will analyze one of these changes, which, both from a theoretical and from a practical and experiential point of view, creates a difficulties. The legal possibility of the so-called "Redemption of punishment" can undoubtedly be classified as "Contradictions of modern law" because it collides with the basic principles on which criminal law is based.
Захтјев за заштиту законитости у прекршајном поступку

Захтјев за заштиту законитости у прекршајном поступку
(Request for Protection of Legality in Misdemeanor Proceedings)

  • Author(s):Ljubana Sladić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology
  • Page Range:577-587
  • No. of Pages:11
  • Keywords:Extraordinary legal remedy; Request for protection legality; Misdemeanor proceedings; Criminal proceedings;
  • Summary/Abstract:The request for protection of legality is one of the extraordinary legal remedies which exist in the misdemeanor legislation of the Republic of Srpska. The method of its legal regulation causes a lot of problems in practice because the text of the misdemeanor law only refers to the similar application of the provisions of the Law in criminal proceedings, in which there is an extraordinary legal remedy of the same name. Of course, despite many similarities between criminal and misdemeanor proceedings, there are differences between them too and due to these differences, excessive reference to similar application, which is present in a large number of cases and which is confirmed by the way this extraordinary remedy is regulated, should not be allowed. What are the shortcomings that may occur in the misdemeanor practice in the mentioned similar application of the provisions of criminal procedure law, and who can file this legal remedy in the misdemeanor procedure, within what period, in what way and under what conditions and how the procedure progresses, are the questions which will be answered in the remaining part of the paper.
Some Data Protection Issues of the EU Regulation of Artificial Intelligence

Some Data Protection Issues of the EU Regulation of Artificial Intelligence
(Some Data Protection Issues of the EU Regulation of Artificial Intelligence)

  • Author(s):Bálazs Gáti
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
  • Page Range:588-605
  • No. of Pages:18
  • Keywords:Artificial intelligence; Data Protection; EU legislation;
  • Summary/Abstract:The application of artificial intelligence in various forms is playing a significant role in an increasing number of areas of human activities. Due to its widespread applicant, a number of legal provisions regulate the conditions for the use of artificial intelligence, subject to more important data protection considerations. The aim of the study to present the main features of the data protection regulation on artificial intelligence. Current issues related to the challenges of artificial intelligence in relation of EU data protection regulation were searched and analyzed. The data protection package adopted in may 2016 - Regulation (Eu) 2016/679 of the European Parliament and of the Council - aims to prepare EU countries for the digital age, while providing general rules for the use of artificial intelligence by setting the conditions for automated data processing. Conclusion: The use of artificial intelligence carries member of risk elements with regard the rights and freedoms of natural persons, but regulation with appropriate guarantees and conditions can reduce these risks.
Adoption as a Mode of Committing Child Trafficking

Adoption as a Mode of Committing Child Trafficking
(Adoption as a Mode of Committing Child Trafficking)

  • Author(s):Dóra Ripszám
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology
  • Page Range:606-614
  • No. of Pages:9
  • Keywords:Child trafficking; Adoption;
  • Summary/Abstract:Illegal adoptions violate numerous child rights norms and principles, including the best interests of the child, the principle of subsidiarity and the prohibition of improper financial gain. Specific supply and demand conditions prevail in the adoption market. On the demand side are solvent parents awaiting adoption, who often want to have a child in this way because of their infertility and are thus willing to make a high price/sacrifice. On the supply side, we can distinguish two groups. One group is made up of parents who, for various reasons, are unable to raise their child. They give up all their materials for their child without consideration. The other group is made up of parents who, although not free, are willing to hand over their already born child above a certain price. Whenever illegal procedures are used during an international adoption, the child's identity is likely to be compromised. In the case of child trafficking, for example, children lose their knowledge of their fraud, ethnic roots and medical history forever.
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